India’s judiciary afflicted with ‘Incurable Disease’, says Markandey Katju

In a scathing attack on India’s judiciary, former Supreme Court judge Justice Markandey Katju has declared that the Indian judiciary is afflicted with an “incurable disease” and beyond redemption.

According to Kashmir Media Service, Katju’s comments, delivered in a conversation with prominent Supreme Court lawyer Kapil Sibal, were directed at the recently retired Chief Justice of India (CJI) DY Chandrachud, whom he accused of careerism and compromising judicial integrity.

Katju, known for his blunt assessments, compared the judiciary’s condition to cancer, calling it an incurable ailment. “Some diseases are curable, while some, like cancer, are not. The judiciary is suffering from cancer,” he said, expressing his disillusionment with the current state of affairs in the Supreme Court and other courts across the country.

He sharply criticized CJI Chandrachud, claiming that his career-driven approach led him to make judgments with an eye on securing the CJI post. Katju accused Chandrachud of prioritizing his personal ambitions over the larger interest of justice, especially when it came to the controversial Ayodhya verdict.

According to Katju, Chandrachud was reluctant to pass a judgment that could jeopardize his chances of becoming CJI. “The real judge does justice irrespective of consequences,” Katju stated.

Katju also took issue with the Ayodhya judgment, which directed the construction of a temple at the Babri Masjid site. He argued that if the demolition of the mosque was deemed a crime, the mosque should have been rebuilt and handed back to its rightful owners. He pointed to the Archaeological Survey of India’s findings, which did not support the claim that the mosque was built after demolishing a temple. “The reasoning of the judgment is going in one direction, but the conclusion is drawn in the opposite direction,” Katju remarked.

Further criticizing the judiciary’s handling of religious disputes, Katju expressed concern over the ongoing claims to build temples on hundreds of mosques, despite the Places of Worship Act, which was intended to prevent such conflicts. He specifically condemned the decision to allow a survey of the Gyanvapi mosque, arguing that the suit was not maintainable under the Act.

Katju also questioned the propriety of former CJI Chandrachud inviting Prime Minister Narendra Modi to his residence for Ganesh puja, calling it “very wrong” and “improper.” He emphasized the need for judges and politicians to maintain a clear distance from one another to preserve the judiciary’s independence.